VASQUEZ v. RACKAUCKAS

Nos. 11-55795, 11-55876, 11-56126, 11-56166.

734 F.3d 1025 (2013)

Manuel VASQUEZ; Miguel Bernal Lara; Gabriel Bastida; Randy Bastida, Plaintiffs-Appellees, v. Tony RACKAUCKAS, Orange County District Attorney, in his official capacity, Defendant-Appellant, and Robert Gustafson, Chief of Police, Orange Police Department, in his official capacity, Defendant. Manuel Vasquez; Miguel Bernal Lara; Gabriel Bastida; Randy Bastida, Plaintiffs-Appellees, v. Robert Gustafson, Chief of Police, Orange Police Department, in his official capacity, Defendant-Appellant, and Tony Rackauckas, Orange County District Attorney, in his official capacity, Defendant. Manuel Vasquez; Miguel Bernal Lara; Gabriel Bastida; Randy Bastida, Plaintiffs-Appellees, v. Tony Rackauckas, Orange County District Attorney, in his official capacity, Defendant-Appellant, and Robert Gustafson, Chief of Police, Orange Police Department, in his official capacity, Defendant. Manuel Vasquez; Miguel Bernal Lara; Gabriel Bastida; Randy Bastida, Plaintiffs-Appellees, v. Robert Gustafson, Chief of Police, Orange Police Department, in his official capacity, Defendant-Appellant, and Tony Rackauckas, Orange County District Attorney, in his official capacity, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed November 5, 2013.


Attorney(s) appearing for the Case

S. Frank Harrell (argued), Norman J. Watkins , and Melissa D. Culp , Lynberg & Watkins, Orange, CA, for Defendant-Appellant Tony Rackauckas.

Wayne W. Winthers (argued), Senior Assistant City Attorney; and David A. De Berry , City Attorney, Orange, CA, for Defendant-Appellant Robert Gustafson.

Peter Bibring (argued) and Belinda Escobosa Helzer , ACLU Foundation of Southern California, Santa Ana, CA; Joseph J. Ybarra , Jacob S. Kreilkamp , and Laura D. Smolowe , Munger, Tolles & Olson, Los Angeles, CA, for Plaintiffs-Appellees.

Dennis J. Herrera , City Attorney; Alex G. Tse , Chief Attorney, Neighborhood and Resident Safety Division; and Jana J. Clark , Deputy City Attorney, San Francisco, CA, for Amicus Curiae City and County of San Francisco.

Carmen A. Trutanich , City Attorney; Mary Clare Molidor , Deputy Chief, Criminal & Special Litigation Branch; Anne C. Tremblay , Assistant City Attorney; Kelly Huynh and Jeanne Kim , Deputy City Attorneys, Los Angeles, CA, for Amicus Curiae Los Angeles City Attorney's Office.

Matthew Sloan , Matthew Donald Umhofer , and Christina Lincoln , Los Angeles, CA, for Amici Curiae Orange County Public Defender, Los Angeles County Public Defender, California Attorneys for Criminal Justice, and California Public Defenders Association.

Opinion by Judge Berzon; Concurrence by Judge Tallman.


OPINION

BERZON, Circuit Judge:

Since at least 1987, California prosecutors have brought public nuisance actions in state court to curtail the activities of street gangs. See Matthew Mickle Werdegar, Note, Enjoining the Constitution: The Use of Public Nuisance Abatement Injunctions Against Urban Street Gangs, 51 Stan. L.Rev. 409, 414 (1999). The scope of this effort has been broad. According to amicus curiae Los Angeles City Attorney's

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